Jaggards Farm Long Road Cambridge CB23 7DQ
Condition: Detached period house suffering significant damp, water ingress and cracking, with poor state of repair despite tenant-installed fittings.
Evidence considered
- No comparable evidence was submitted by either party.
- Tribunal relied on its own knowledge and expertise to estimate an open-market rent of £380/week if the property were fully refurbished and free from damp.
- Deductions applied for tenant's improvements: 10% kitchen, 5% white goods, 5% curtains/carpets, 10% bathroom units, 5% decoration.
- A 10% scarcity allowance was applied for shortage of similar rental properties in the locality.
- Further downward adjustment made to reflect the impact of ongoing damp, water ingress and cracking on market rent.
- Statutory rent cap under the Rent Acts (Maximum Fair Rent) Order 1999 calculated at £212.50/week, higher than the assessed fair rent, so the fair rent of £190/week applied.
Tenant submitted evidence: yes. Landlord submitted evidence: no.
Tribunal's reasoning
This was a Rent Act 1977 fair rent determination, not an assured tenancy market rent case. The rent officer had previously registered £190/week (up from £185/week); the landlord objected seeking £200/week but provided no evidence. The tribunal, having inspected the property and found significant damp, cracking and poor repair, used its own expertise to value the property fully refurbished at £380/week, then deducted for tenant's improvements (kitchen, white goods, curtains/carpets, bathroom, decoration) and a 10% scarcity allowance, before further reducing the figure to reflect the impact of the unresolved damp and disrepair, arriving at £190/week. This fair rent was below the statutory capped rent of £212.50/week calculated under the 1999 Order, so the fair rent of £190/week (£823.33 pcm) was registered with effect from the decision date.
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